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ReadyLaw
ReadyLaw, Lawyer
Category: Scots Law
Satisfied Customers: 2085
Experience:  Bar Professional Training Course
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We have tenant 3 months notice to leave - due to leave by

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Hi - we have tenant 3 months notice to leave - due to leave by 31st Oct. In8tially she advis3d date of 12th Oct the was then changed to 23rd and rent paid until then. Without consultation she has changed leav8ng date to 29th - we have builders dye to start 24th. She is claiming advised by her doctor due to her health not to move but guarantees she will leave on 29th - even if on a stretcher - how do we stand?
JA: What steps has the tenant taken so far? Has she prepared or filed any paperwork?
Customer: Nothing apart from her contacting a solicitor. She messaged to say date changed and when I said not suitable and had not consulted got a call from a solicitor who eventually said he was a friend but it did feel like intimidation. We asked for letter from doctor confirming his advice but heard nothing since 14th until letter from her solicitor friend today saying be assured she will move on 29th.
JA: Where is the property located?
Customer: Unsure how a doctor advised against now but solicitor can guarantee she will most def8nately leave on 29th Property in Scotland and it's a family member moving in so under covid rules 3 months notice was what was required
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not at present

This isCustomer welcome to Just Answer.

I have been a legal expert on the site for several years and my goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. Your satisfaction is my top priority! Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an lawyer-client relationship and it is always in your best interest to retain legal counsel, if you have a current legal matter, that you need help with.

Please allow me a few moments to reply with my initial answer. I am here but need time to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.

I thank you for your enquiry and your patience.

I understand that this may be very frustrating for you, particularly since the tenant keeps changing the date for leaving.

Unfortunately, you would not be able to simply change the locks on the door and remove their things. If they do not leave on the date the notice states you would have to commence proceedings in the court to get an order for recovery of possession. This will allow you to be able to take control of the property.

Practically though, I recommend speaking to the tenant and advising them that if they do not leave on the date stipulated you would commence proceedings. You should also let them know that you will ask the court to have them pay any costs incurred by you in commencing court proceedings.

The threat of court proceedings usually receives a positive response.

Can I clarify anything for you?

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 3 days ago.
Is this the date she initially said she was leaving and has paid rent up to - 23rd Oct?
Customer: replied 3 days ago.
Please cancel call
Customer: replied 3 days ago.
Call no longer required

That is fine regarding the call. I will not accept it.

Yes the date would run from the date she was initially required to have left and failed to do so. What would be best is for you to send her a letter stating clearly your intentions to commence legal proceedings if she does not leave on the date.

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